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2017 Supreme(Bom) 2663

MRIDULA BHATKAR
Bajaj Alliance General Insurance Co. Ltd. – Appellant
Versus
Sukhshala B. Funde – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.M. Sathaye, Advocate.
For the Respondent:Mr. Yuvraj P. Narvankar, Advocate.

ORDER :

MRIDULA BHATKAR, J.

1. Admit. By consent, the First Appeal is heard finally at the stage of admission.

2. This First Appeal is directed against the judgment and award dated 15th June, 2013 passed by the learned Chairman, Motor Accident Claims Tribunal, Pune in M.A.C.P. No. 1071 of 2008 granting compensation of Rs. 14,40,715/- to the original claimants @ 9% p.a. from the date of filing of the Petition, i.e., 22nd September, 2008.

3. The respondents/original claimants are the wife, two major children and one minor child. Out of them, one daughter is of marriageable age. These respondents/original claimants have filed an Application under section 166 of M.V. Act against the owner of the truck and the appellant/insurance company claiming compensation of Rs. 12 lakhs.

4. On 23rd August, 2008 at about 7.15 a.m. Babasaheb @ Dadasaheb Funde was driving his tempo bearing No. MH-12/AU- 4310 from Katraj Kondhwa road, Pune. One truck bearing No. MH- 12/AQ5949 was proceeding ahead of the tempo of Babasaheb. The truck was fully loaded with iron bars and major portion of the iron rods was protruding out from the back side of the truck. Babasaheb was driving the tempo with a moderate speed. How

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